
S AND REGULATIONS 


BiHiATING TO THE 


CRATER LAKE NATIONAL PARK 
OREGON 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1908 







































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W.s, LAWS AND REGULATIONS 


RELATING TO THE 

CRATER LAKE NATIONAL PARK 

OREGON 


COMPILED IN THE OFFICE OF THE 

SECRETARY OF THE INTERIOR 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1908 



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NOV 19 1908 
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CONTENTS. 


Laws : Page. 

Act of May 22, 1902, reserving lands for park purposes, and providing 
for control by Secretary of the Interior, regulations, leases, and 

use of revenues; location and working of mining claims permitted_ 5 

Rules and regulations: 

General regulations for government of park, approved June 10, 1908_ G 
Regulations governing the impounding and disposition of loose live 

stock, approved June 10, 1908_ 9 

Application for permission to drive stock through the park, under the 

general regulations_•_ 10 

General legislation: 

Section 5391, Revised Statutes, providing for prosecutions under state 

laws where no federal laws are applicable_ 11 

Act of July 7, 1898, vesting jurisdiction for trial of offenses under the 

preceding section- 11 

Act of March 3, 1875, providing penalties for cutting timber on re¬ 
served lands, destroying fences, driving live stock, etc_ 11 

Act of June 3, 1878, as amended by act of August 4, 1892, providing 
penalty for cutting timber on lands of United States in public- 

land States_ 12 

Act of June 10, 1896, providing penalty for changing or removing 

survey marks- 13 

Act of February 6, 1905, providing for arrests by National Park and 

Forest employees for violations of laws and regulations- 13 


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LAWS AND REGULATIONS RELATING TO CRATER LAKE 
NATIONAL PARK, OREGON. 


LAVS. 


ACT OF MAY 22, 1902 (32 STAT., 202). 

AN ACT Reserving from the public lands in the State of Oregon, as a public 
park for the benefit of the people of the United States, and for the protection 
and preservation of the game, fish, timber, and all other natural objects 
therein, a tract of land herein described, and so forth. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled , That the tract of 
land bounded north by the parallel forty-three degrees four minutes 
north latitude, south by forty-two degrees forty-eight minutes north 
latitude, east by the meridian one hundred and twenty-two degrees 
west longitude, and west by the meridian one hundred and twenty- 
two degrees sixteen minutes west longitude, having an area of two 
hundred and forty-nine square miles, in the State of Oregon, and 
including Crater Lake, is hereby reserved and withdrawn from set¬ 
tlement, occupancy, or sale under the laws of the United States, and 
dedicated and set apart forever as a public park or pleasure ground 
for the benefit of the people of the United States, to be known as 
“ Crater Lake National Park.” 

Sec. 2. That the reservation established by this act shall be under 
the control and custody of the Secretary of the Interior, whose duty 
it shall be to establish rules and regulations and cause' adequate 
measures to be taken for the preservation of the natural objects 
within said park, and also for the protection of the timber from 
wanton depredation, the preservation of all kinds of game and fish, 
the punishment of trespassers, the removal of unlawful occupants 
and intruders, and the prevention and extinguishment of forest fires. 

Sec. 3. That it shall be unlawful for any person to establish any 
settlement or residence within said reserve, or to engage in any lum¬ 
bering, or other enterprise or business occupation therein, or to enter 
therein for any speculative purpose whatever, and any person violat¬ 
ing the provisions of this act, or the rules and tegulations established 
thereunder, shall be punished by a fine of not more than five hundred 
dollars, or by imprisonment for not more than one year, and shall 
further be liable for all destruction of timber or other property of 
the United States in consequence of any such unlawful act: Provided , 
That said reservation shall be open, under such regulations as the 
Secretary of the Interior may prescribe, to all scientists, excursion¬ 
ists, and pleasure seekers and to the location of mining claims and 
the working of the same: And provided further , That restaurant and 
hotel keepers, upon application to the Secretary of the Interior, may 
be permitted by him to establish places of entertainment within the 
Crater Lake National Park for the accommodation of visitors, at 
places and under regulations fixed by the Secretary of the Interior, 
and not otherwise. 


5 




RULES AND REGULATIONS. 


GENERAL REGULATIONS OF JUNE io, 1908. 

By act of Congress approved May 22, 1902, the tract of land 
bounded north by the parallel forty-three degrees four minutes north 
latitude, south by forty-two degrees forty-eight minutes north lati¬ 
tude, east by the meridian one hundred and twenty-two degrees west 
longitude, and west by the meridian one hundred and twenty-two 
degrees sixteen minutes west longitude, having an area of 249 square 
miles, in the State of Oregon, and including Crater Lake, has been 
reserved and withdrawn from settlement, occupancy, or sale under 
the laws of the United States, and dedicated and set apart forever 
as a public park or pleasure ground for the benefit of the people of 
the United States, to be known as “ Crater Lake National Park.” 

The park by said act is placed under the exclusive control of the 
Secretary of the Interior, and these rules and regulations are made 
and published in pursuance of the duty imposed on him in regard 
thereto. 

1. It is forbidden to injure, or destroy in any manner, any of the 
natural curiosities or wonders within the park, or to disturb the 
mineral deposits in the reservation, except under the conditions pre¬ 
scribed in paragraph 11 of these regulations. 

2. It is forbidden to cut or injure any timber growing on the park 
lands, except for use in the construction of places of entertainment 
and in connection with the working of located mining claims, or to 
deface or injure any government property. Camping parties and 
others on the reservation will be allowed to use dead or fallen timber 
for fuel in the discretion of the superintendent. 

3. Fires should be lighted only when necessary and completely ex¬ 
tinguished when not longer required. The utmost care must be 
exercised at all times to avoid setting fire to the timber and grass. 

4. Hunting or killing, wounding or capturing any bird or wild 
animal on the park lands, except dangerous animals when necessary 
to prevent them from destroying life or inflicting an injury, is pro¬ 
hibited. The outfits, including guns, traps, teams, horses, or means 
of transportation used by persons engaged in hunting, killing, trap¬ 
ping, ensnaring, or capturing such birds or wild animals, or in pos¬ 
session of game killed on the park lands under other circumstances 
than prescribed above, will be taken up by the superintendent and 
held subject to the order of the Secretary of the Interior, except in 
cases where it is shown by satisfactory evidence that the outfit is not 
the property of the person or persons violating this regulation and 
the actual owner thereof was not a party to such violation. Fire¬ 
arms will only be permitted in the park on written permission from 
the superintendent thereof. 

6 



REGULATIONS RELATING TO CRATER LAKE NATIONAL PARK.. 7 

5. Fishing with nets, seines, traps, or by the use of drugs or explo¬ 
sives, or in any other way than with hook and line, is prohibited. 
Fishing for purposes of merchandise or profit is forbidden. Fishing 
may be prohibited by order of the superintendent in any of the 
waters of the park, or limited therein to any specified season of the 
year, until otherwise ordered by the Secretary of the Interior. 

6. No person will be permitted to reside permanently, engage in 
any business, or erect buildings, etc., upon the government lands in 
the park without permission, in writing, from the Secretary of the 
Interior. The superintendent may grant authority to competent per¬ 
sons to act as guides and revoke the same in his discretion. No pack 
trains will be allowed in the park unless in charge of a duly regis 1 
tered guide. 

7. Owners of patented lands within the park limits are entitled to 
the full use and enjoyment thereof; such lands, however, shall have 
the metes and bounds thereof so marked and defined that they may 
be readily distinguished from the park lands. Stock may be taken 
over the park lands to patented lands with the written permission 
and under the supervision of the superintendent. 

8. The herding or grazing of loose stock or cattle of any kind on 
the government lands in the park, as well as the driving of such stock 
or cattle over the same, is strictly forbidden, except in such cases 
where authority therefor is granted by the superintendent. 

9. No drinking saloon or barroom will be permitted upon govern¬ 
ment lands in the park. 

10. Private notices or advertisements shall not be posted or dis¬ 
played on the government lands within the reservation, except such 
as may be necessary for the convenience and guidance of the public. 

11. The act provides that, under such regulations as the Secretary 
of the Interior may prescribe, the reservation shall be open “ to the 
location of mining claims and the working of the same.” It was not 
the purpose of this provision to extend the mining laws to the park 
without limitation, but only to authorize the location and working of 
mining claims thereon, under regulations to be prescribed by the 
Secretary of the Interior, and in such manner as not to interfere with 
or prejudicially affect the general purpose for which the reservation 
was established. It is therefore prescribed: 

(a) That persons desiring to locate mining claims within the park 
shall enroll their names and addresses with the superintendent of the 
reservation, and shall file with such superintendent a description, 
in writing, of the land desired to be located. They shall also file with 
the superintendent evidence that they are severally qualified to make 
locations under the mining laws, and before entering upon the park 
for such purpose they must obtain from the Secretary of the In¬ 
terior, through the superintendent, a written permit to do so. Such 
permit will be issued only upon condition that the applicant or 
applicants therefor, while upon the reservation, will not destroy or 
damage any game, fish, timber, or natural objects therein, and will 
strictly observe and comply with the requirements of the law and 

these regulations. . 

(b) Lands in the park upon which valuable deposits of mineral 
shall have been or piay be found may be located under the mining 


8 REGULATIONS RELATING TO CRATER LAKE NATIONAL PARK. 

laws by any person or persons duly qualified and holding a permit 
such as is described in the preceding paragraph, and such person 
or persons, his or their successor or successors in interest, may work 
the claim or claims so located; but in carrying on the work he or they 
shall in all respects observe and comply with the provisions of the 
statute creating the park and with these regulations: Provided , That 
such person or persons may, as the proper working of such mining 
claim or claims shall require, be permitted to use, for mining pur¬ 
poses, such timber or stone found upon the land located as in the 
judgment of the superintendent may be so used without injury or 
damage to the reservation “ as a public park or pleasure ground : " 
And provided further , That within thirty days after the location of 
any mining claim within the park, and before development work 
thereon shall be commenced, a copy of the notice of location shall 
be filed with the superintendent, together with proof satisfactorily 
showing that discovery of a valuable mineral deposit has been made 
within the limits of the location, and, if it be a placer location, 
that every 10-acre tract embraced therein has been found to contain 
valuable deposits of mineral. 

( c ) The statute does not authorize the purchase of or the acquisi¬ 
tion of the legal title to lands located as mining claims within the 
park. The rights of the locator or locators, therefore, will be at all 
times subject to forfeiture upon breach of any of the conditions men¬ 
tioned in the permit herein provided for, or upon refusal or failure 
to comply with any of the provisions of the statute or of these regu¬ 
lations. 

(d) Upon breach of any such conditions, or upon refusal or fail¬ 
ure to comply in all respects with the provisions of the statute and 
of these regulations, or where locators of mining claims do not appear 
to be acting in good faith, or who after location do not work their 
claims in such manner as to show good faith in the assertion thereof, 
the superintendent will revoke their permits, forthwith remove them 
from the park, and report the facts to the Secretary of the Interior. 

12. Persons who render themselves obnoxious by disorderly con¬ 
duct or bad behavior, or who violate any of the foregoing rules, will 
be summarily removed from the park and will not be allowed to 
return without permission, in writing, from the Secretary of the 
Interior or the superintendent of the park. 

No lessee or licensee shall retain in his employ any person whose 
presence in the park shall be deemed and declared by the superin¬ 
tendent to be subversive of the good order and management of the 
reservation. 

13. Any person who violates any of the foregoing regulations will 
be deemed guilty of a misdemeanor, and upon conviction, be fined 
not more than $500, or imprisoned not more than one year, and shall 
be liable for any loss sustained by the United States as a result of 
such violation, as provided by the act creating the park. 

14. The superintendent designated by the Secretary is hereby au¬ 
thorized and directed to remove all trespassers from the government 
lands in the park and enforce these rules and regulations and all the 
provisions or the act of Congress aforesaid. 


REGULATIONS RELATING TO CRATER LAKE NATIONAL PARK. 9 


REGULATIONS OF JUNE 10, 1908, GOVERNING THE IMPOUNDING AND DIS¬ 
POSITION OF LOOSE LIVE STOCK. 

Horses, cattle, or other domestic live stock running at large or 
being herded or grazed in the Crater Lake National Park without 
authority from the Secretary of the Interior, will be taken up and 
impounded by the superintendent, who will at once give notice thereof 
to the owner, if known. If the owner is not known, notice of such 
impounding, giving a description of the animal or animals, with the 
brands thereon, will be posted in six public places inside the park 
and in two public places outside the park. Any owner of an animal 
thus impounded may, at any time before the sale thereof, reclaim 
the same upon proving ownership and paying the cost of notice and 
all expenses incident to the taking up and detention of such animal, 
including the cost of feeding and caring for the same. If any animal 
thus impounded shall not be reclaimed within thirty days from notice 
to the owner or from the date of posting notices, it shall be sold at 
public auction at such time and place as may be fixed by the superin¬ 
tendent after ten days’ notice, to be given by posting notices in six 
public places in the park and two public places outside the park, and 
by mailing to the owner, if known, a copy thereof. 

All money received from the sale of such animals and remaining 
after the payment of all expenses incident to the taking up, impound¬ 
ing, and selling thereof shall be carefully retained by the superin¬ 
tendent in a separate fund for a period of six months, during which 
time the net proceeds from the sale of any animal may be claimed by 
and paid to the owner upon the presentation of satisfactory proof of 
ownership, and if not so claimed within six months from the date of 
sale such proceeds shall be turned into the Crater Lake National Park 
fund. 

The superintendent shall keep a record in which shall be set down 
a description of all animals impounded, giving the brands found on 
them, the date and locality of the taking up, the date of all notices 
and manner in which they were given, the date of sale, the name and 
address of the purchaser, the amount for which each animal was sold 
and the cost incurred in connection therewith, and the disposition 
of the proceeds. 

The superintendent will, in each instance, make every reasonable 
effort to ascertain the owner of animals impounded and to give actual 
notice thereof to such owner. 


10 REGULATIONS REALATING TO CRATER LAKE NATIONAL PARK. 


APPLICATION FOR PERMISSION TO DRIVE STOCK THROUGH THE CRATER 
LAKE NATIONAL PARK, OREGON. 

__, 19— 

The Superintendent of the Crater Lake National Park. 

Sir : 

I, _, a citizen of the United States and 

a resident of___, county of_, State 

of __, hereby make application for permission to drive 

-head of loose stock or cattle over the main traveled wagon road 

leading through the Crater Lake National Park, Oregon, en route from 

-to-; I hereby agree that I will cross 

the park boundary with my stock on the_day of_, 

19—, and will not occupy more than_days in crossing the reserva¬ 

tion ; that I will cause the stock to be moved expeditiously over the road 
through the park, and will not allow the same to scatter, stop, graze, or pasture 
upon any of the places used or occupied by the public. 

I further agree to observe and obey all the rules and regulations for the 
government of the Crater Lake National Park. 


Approved and permit granted 
_, 19 _ 


Superintendent. 
















GENERAL LEGISLATION. 


SECTION 5391, REVISED STATUTES OF THE UNITED STATES. 

Prosecutions under State Laws where no Federal Laws Are Applicable. 

If any offense be committed in any place which has been or may 
hereafter be, ceded to and under the jurisdiction of the United States, 
which offense is not prohibited, or the punishment thereof is not 
specially provided for, by any law of the United States, such offense 
shall be liable to, and receive, the same punishment as the laws of the 
State in which such place is situated, now in force, provide for the 
like offense when committed within the jurisdiction of such State; 
and no subsequent repeal of any such State law shall affect any prose¬ 
cution for such offense in any court of the United States. 


ACT OF JULY 7, 1898 (30 STAT., 717). 

AN ACT To protect the harbor defenses and fortifications constructed or used 
by the United States from malicious injury, and for other purposes. 

******* 

Sec. 2. That when any offense is committed in any place, jurisdic¬ 
tion over which has been retained by the United States or ceded to it 
by a State, or which has been purchased with the consent of a State 
for the erection of a fort, magazine, arsenal, dockyard, or other need¬ 
ful building or structure, the punishment for which offense is not pro¬ 
vided for by any law of the United States, the person committing 
such offense shall, upon conviction in a circuit or district court of the 
United States for the district in which the offense was corqmitted, be 
liable to and receive the same punishment as the laws of the State in 
which such place is situated now provide for the like offense when 
committed within the jurisdiction of such State, and the said courts 
are hereby vested with jurisdiction for such purpose; and no subse¬ 
quent repeal of any such State law shall affect any such prosecution. 


ACT OF MARCH 3, 1875 (18 STAT., 481). 

Cutting Timber on Reserved Lands, Destroying Fences, etc. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled , That if any person 
or persons shall knowingly and unlawfully cut, or shall knowingly 
aid, assist, or be employed in unlawfully cutting, or shall wantonly 
destroy or injure, or procure to be wantonly destroyed or injured, any 
timber-tree or any shade or ornamental tree, or any other kind of 
tree, standing, growing, or being upon any lands of the United States, 

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LAWS RELATING TO CRATER LAKE NATIONAL PARK. 


which, in pursuance of law, have been reserved, or which have been 
purchased by the United States for any public use, every such person 
or persons so offending, on conviction thereof before any circuit or 
district court of the United States, shall, for every such offense, pay 
a fine not exceeding $500, or shall be imprisoned not exceeding twelve 
months. 

Sec. 2. That if any person or persons shall knowingly and unlaw¬ 
fully break or destroy any fence, wall, hedge, or gate inclosing any 
lands of the United States, which have, in pursuance of any law, been 
reserved or purchased by the United States for any public use, every 
such person so offending, on conviction, shall, for every such offense, 
pay a fine not exceeding $200, or be imprisoned not exceeding six 
months. 

Sec. 3. That if any person or persons shall knowingly and unlaw¬ 
fully break, open, or destroy any gate, fence, hedge, or w.all inclosing 
any lands of the United States, reserved or purchased as aforesaid, 
and shall drive any cattle, horses, or hogs upon the lands aforesaid, 
for the purpose of destroying the grass or trees on the said grounds, 
or where they may destroy the said grass or trees, or if any such per¬ 
son or persons shall knowingly permit his or their cattle, horses, or 
hogs to enter through any of said inclosures upon the lands of the 
United States aforesaid, where the said cattle, horses, or hogs may or 
can destroy the grass or*trees or other property of the United States 
on the said land, every such person or persons so offending, on con¬ 
viction, shall pay a fine not exceeding $500, or be imprisoned not 
exceeding twelve months. 

Provided , That nothing in this act shall be construed to apply to 
unsurveyed public lands and to public lands subject to preemption 
and homestead laws, or to public lands subject to an act to promote 
the development of the mining resources of the United States, 
approved May 10, 1872. 


ACT OF JUNE 3, 1878 (20 STAT., 89), AS AMENDED BY SEC. 2, OF 
THE ACT OF AUGUST 4, 1892 (27 STAT., 348). 

Cutting Timber on Lands of the United States, 

❖ * * * * * 

Sec. 4. After the passage of this act it shall be unlawful to cut, or 
cause or procure to be cut, or wantonly destroy, any timber growing 
on any lands of the United States in public-land States, or remove, 
or cause to be removed, any timber from said public lands with in¬ 
tent to export or dispose of the same; and no owner, master, or con¬ 
signee of any vessel, or owner, director, or agent of any railroad, shall 
knowingly transport the same, or any lumber manufactured there¬ 
from; and any person violating the provisions of this section shall 
be guilty of a misdemeanor, and, on conviction, shall be fined for 
every such offense a sum not less than one hundred nor more than 
one thousand dollars. 



LAWS RELATING TO CRATER LAKE NATIONAL PARK. 


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ACT OF JUNE io, 1896 (29 STAT., 343). 

Changing or Removing Survey Marks. 

AN ACT Making appropriations for current and contingent expenses of the 
Indian Department and fulfilling treaty stipulations with various Indian tribes 
for the fiscal year ending June 30 , 1897 , and for other purposes. 

Hereafter it shall be unlawful for any person to destroy, deface, 
change, or remove to another place any section corner, quarter-sec¬ 
tion corner, or meander post on any Government line of survey, or 
to cut down any witness tree or any tree blazed to mark the line of a 
Government survey, or to deface, change, or remove any monument 
or bench mark of any Government survey. That any person who 
shall offend against any of the provisions of this paragraph shall be 
deemed guilty of a misdemeanor, and upon conviction thereof in any 
court shall be fined not exceeding two hundred and fifty dollars, or be 
imprisoned not more than one hundred days. All the fines accruing 
under this paragraph shall lie paid into the Treasury, and the in¬ 
former, in each case of conviction, shall be paid the sum of twenty- 
five dollars. 


ACT OF FEBRUARY 6, 1905 (33 STAT., 700). 

Arrests by National Park and Forest Employees. 

AN ACT For the protection of the public forest reserves and national parks of 

the United States. 

All persons employed in the forest-reserve and national-park service 
of the United States shall have authority to make arrests for the 
violation of the laws and regulations relating to the forest reserves 
and national parks, and any person so arrested shall be taken before 
the nearest United States commissioner, within whose jurisdiction 
the reservation or national park is located, for trial; and upon sworn 
information by any competent person any United States commissioner 
in the proper jurisdiction shall issue process for the arrest of any 
person charged with the violation of said laws and regulations; but 
nothing herein contained shall be construed as preventing the arrest 
by any officer of the United States, without process, of any person 
taken in the act of violating said laws and regulations. 


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